H MART BALBOA & SAN DIEGO STORE BASEBALL SEASON SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
All federal, state and local laws and regulations apply. Void where restricted or prohibited by law. Submitting an entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor (as defined below), which shall be final and binding on all matters relating to this H Mart Sweepstakes (“Sweepstakes”).
ELIGIBILITY: To enter the Sweepstakes, you must, at the time of entry, (i) be a legal resident of the state of California, (ii) be 18 years of age or older (or the age of majority in the state of residency), and (iii) be physically located in the state of California. Sweepstakes is void where prohibited by law. The Sweepstakes and any websites, webpages, and advertisements relating thereto are intended for viewing only within the United States. Entries received from persons residing outside of the eligible geographic areas, or where restricted or prohibited by law, will be disqualified. Employees, officers, and directors of H Mart Companies, Inc. and its partners (“Sponsor”), its advertising and promotion agencies, and its immediate families (parents, siblings, children, and spouses of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers, and directors, are ineligible to participate in this Sweepstakes.
HOW TO ENTER: Entrants are required to complete and submit the information requested on the H Mart Sweepstakes entry https://hmart.wishpondpages.com/baseball_season_sweepstakes_landing_page/ (“Entry Page”). Such information may include personal information, such as first and last name, telephone number, zip code, and email address. By participating in the Sweepstakes, entrant acknowledges and agrees to the terms and conditions outlined in this Official Rules as well as the Entry Page.
If an entry fails to comply with any of these entry requirements, any other provisions of these Official Rules, at the Sponsor’s sole discretion, Sponsor reserves the right to disqualify the entry.
SWEEPSTAKES PERIOD: Sweepstakes begins on July 19th, 2024, 8:00 AM PST and ends on August 4th, 2024, 10:00 PM PST (“Entry Period”). Limit (1) entry per person throughout the Sweepstakes period.
SUBMISSION REQUIREMENTS: Once an entry is submitted, it cannot be changed, altered, or modified. The submitted information (a) shall not contain any inappropriate language as solely determined by the Sponsor, (b) shall not infringe upon any third party’s rights, including but not limited to copyright, patent, trademarks/tradenames/logos, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous, or libelous, or portray in a false light, and (c) shall not violate any law, rule, or regulation. Each entrant warrants and represents that the sign-up form complies with the conditions set forth in the sub-clauses (a) through (c) above. Non-complying submissions will be subject to disqualification.
PRIZE AND APPROXIMATE RETAIL VALUE: Winners will be selected from all eligible entries received.
Three (3) Winner, Men's San Diego Padres Ha-seong Kim #7 Jersey. The Approximate Retail Value (“ARV”) of each prize is $135.00 (The ARV of all grand prizes is $405.00).
Six (6) Winners, Men’s San Diego Padres Team Classic 39thirty Stretch Fit Hat. The ARV of each prize is $35.00 (The ARV of all second place prizes is $210.00).
Ten (10) Winners, $20.00 H Mart Gift Certificate. The ARV of each prize is $20.00 (The ARV of all third place prizes is $200.00).
The total ARV of all prizes is $815.00. The ARV is determined by Sponsor in good faith based on publicly available retail information at the time the Official Rules are created.The prizes will only be awarded and available for pickup at H Mart Balboa location (7725 Balboa Ave, San Diego, CA 92111). All federal, state, and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in the forfeiture of the prize.
PRIZE IS AWARDED “AS-IS’’ AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). SPONSOR (INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF A PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY A WINNER, WINNER’S GUEST, OR OTHER USERS OF THE PRIZES FOR ANY REASON. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. PRIZE MAY NOT BE REQUESTED TO BE SUBSTITUTED, MODIFIED, OR REPLACED WITH CASH.
WINNER SELECTION AND NOTIFICATION: The Sponsor will conduct a random drawing on August 6th, 2024 and select a winner from among all eligible entries received during the Entry Period. The odds of winning a prize depend on the number of eligible entries received during the Entry Period. Based upon a prior sweepstakes event, the approximate odds of winning was 1 in 190 participating entries per prize.
The winner will be notified on August 7th, 2024 via the email address provided during the entry submission process. The winner will have seven (7) days to respond via email, providing the winner’s name, email address, telephone number, and birth date to confirm eligibility and that the winner is 18 years of age or older. If any prize notification email is returned to the Sponsor as invalid, the Sponsor reserves the right to select an alternate winner via a drawing from remaining eligible entries. Prizes will be available for pickup at H Mart Balboa location (7725 Balboa Ave, San Diego, CA 92111). All notification requirements, as well as other requirements within these Official Rules, will be enforced. Participants can unsubscribe from H Mart email marketing anytime by clicking the unsubscribe link at the bottom of the advertisement email and choosing to unsubscribe.
The Sponsor reserves the right to request additional documentation to verify the identity of the winner or to determine that the selected winner is the legitimate entrant who filed the entry and was eligible to participate. If a dispute arises as to the identity of the winner or the legitimacy of the entrant who filed the entry, the Sponsor, at its sole discretion, reserves the right to disqualify the winning entry. Use of automated devices is not valid for entry in the Sweepstakes. Sponsor may, at its sole discretion, disqualify anyone who violates the Official Rules or undermines the integrity of the Sweepstakes by using any form of automated entering or any other form of manipulation.
TAXES: All federal, state, local, or other tax liabilities, including but not limited to income taxes or like amounts in connection with a winner’s award, acceptance, or use of a prize arising from this Sweepstakes will be the sole responsibility of each winner.
INELIGIBILITY/DISQUALIFICATION: If an entry is determined to be ineligible, or if the entry does not comply with the Official Rules, then such entry will be disqualified. If prize notification is returned as invalid or unclaimed within 7 days, this will result in disqualification. We recommend checking your spam folder in the email. In the event an entry is deemed ineligible or disqualified for any reason under the provisions of the Official Rules, then an alternate winner may be selected via a drawing from all eligible entries. Sponsor, at its sole discretion, reserves the right to withdraw, reject, or disqualify an entry for violating the Official Rules or if determined that an entry has compromised the fairness of the Sweepstakes through fraudulent means.
Sponsor is not responsible for lost, late, stolen, misdirected, invalid, or incomplete entries due to system errors, failures, faulty transmissions or other telecommunications malfunctions of any kind whatsoever. This shall, include, but not be limited to, entries not received resulting from hardware or software failures of any kind, lost or unavailable network connections, incomplete, failed, or garbled computer or telephone transmissions, and any system errors. Sponsor is also not responsible for any type of typographical errors and failures, human errors and failures, or problems or technical malfunctions of any telephone network or lines, cable connections, satellite transmissions, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of traffic congestion on the Internet, website, or technical problems or malfunctions concerning cable, digital, or satellite which may limit an entrant’s ability to participate. Sponsor shall not be responsible for malfunction as to any portion of the Sweepstakes website, Entry Page, or any website related to the Sweepstakes or error in the collection, processing, or retention of entry information.
PUBLICITY: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant grants to the Sponsor and its affiliates, legal representatives, assigns and licensees all right, title and interest in and to publicize, broadcast, display and/or otherwise use the Sweepstakes entrant’s name, e-mail, city, state, photo, voice, and video (if applicable), likeness, and biographical material (“Public Materials”) in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval. Entrant releases any right one may have concerning the Public Materials. Entrant acknowledges and agrees that prize-related disclosures may be required and winner names may be included in a publicly available winners list. Void where prohibited by law.
PRIVACY: Entrant agrees and acknowledges that all information submitted to Sponsor shall be used in accordance with Sponsor’s privacy policy: https://support.hmart.com/hc/en-us/articles/4408061857811-H-Mart-Privacy-Notice.
Sponsor may disclose information submitted to marketing service providers and software companies (“Service Providers”) to allow you to participate in the Sweepstakes. All such Service Providers shall be disclosed on the Entry Page. Entrant should carefully review the Official Rules as well as other terms and conditions as disclosed on the Entry Page. By participating in the Sweepstakes, entrant acknowledges and agrees to the use and disclosure of one’s information pursuant to the Official Rules as well as the other terms and conditions as disclosed on the Entry Page, including that of the Service Providers’. Sponsor shall not be responsible for the practices of sites linked to or from its website, including that of the Service Providers’. Sponsor does not make any representations as to these websites and that of the Service Providers’. Before interacting with any of these sites, you are advised to carefully review the terms and conditions, as well as the content provided by third parties, including that of the Service Providers’.
TERMINATION/ MODIFICATION OF SWEEPSTAKES: If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, tampering, unauthorized intervention, fraud, technical issues, computer virus, or any other issues beyond the reasonable control of the Sponsor which affects the security, fairness, integrity, administration or proper conduct of the Sweepstakes, then the Sponsor reserves the right to terminate, modify, or suspend the Sweepstakes at its sole discretion, and may select a winner by conducting a drawing from those eligible entries received up to the time of termination and/or suspension.
Sponsor may also disqualify or prohibit an entrant from participating in the Sweepstakes or winning a prize in this or any other promotion conducted by Sponsor if, at its sole discretion, it determines that said entrant has violated the Official Rules or has threatened or is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deceiving, using other unfair playing practices (including use of automated entry programs), annoying, abusing, threatening, or harassing any other entrants, Sponsor, or Sponsor representatives. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, INCLUDING CRIMINAL PROSECUTION.
RELEASE AND LIMITATION OF LIABILITY: By participating in the Sweepstakes, you agree: (a) to be bound by these Official Rules and any other documents required by Sponsor herein and by the decisions of the Sponsor, and to waive any right to claim ambiguity in this Sweepstakes, the Official Rules, or any other documents required by Sponsor herein; (b) to indemnify, defend, and hold harmless Sponsor and its respective officers, directors, employees, shareholders, representatives, affiliates, and agents (collectively, the “Released Parties”), from and against any and all liability, claims, losses, damages, demands, causes of action, penalties, and expenses arising out of or related to any statement, action, or failure to act by the participating individual during or in connection with his/her participation herein and/or any breach or alleged breach of these Official Rules or of any other documents required by Sponsor and; (c) not to sue and to hereby irrevocably and unconditionally release, waive, and forever discharge the Released Parties, from any and all liabilities, claims, and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant (or entrant’s successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss, or any other harm resulting in whole or in part, directly or indirectly, from (i) participation in the Sweepstakes or any Sweepstakes related activity; (ii) the acceptance, possession, misuse, or use of the prizes; (iii) the use of any of the rights granted herein (including, without limitation, the use and exploitation of the entrant’s name, address [city and state], biographical information, statements, voice, photograph, and/or other likeness); (iv) any malfunction or other problem with the Sweepstakes website; (v) any error in the collection or retention of entry information, and (vi) any typographical or other error in the printing, offering or announcement of any prize; (vii) the awarding of any prize.
DISPUTES: The laws of the state of California shall solely govern this Sweepstakes. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
Any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved by binding arbitration before one arbitrator. Entrant agrees to arbitrate solely on an individual basis without resort to any form of representative or class action proceeding. The arbitrator shall be selected by the application of the rules of the American Arbitration Association or as agreed upon mutually by all parties involved. If any part of this arbitration provision is deemed invalid or unenforceable, then such provision shall be deemed null and void, and the remaining provisions shall remain in effect.
Any and all claims, judgments, and awards in arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses.
SPONSOR CONTACT INFORMATION: Please direct any questions you may have to the following:
H Mart Companies, Inc.;
300 Chubb Avenue
Lyndhurst, New Jersey 07071.
Phone number: 201-636-5250
Email: customer_care@hmart.com